Karnataka High Court
Mohan Rama Naik Since Deceased By Lrs vs Kashinath Bhandari Alias Manjrekar ... on 22 October, 2024
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NC: 2024:KHC-D:15269
RSA No. 100666 of 2023
C/W RSA No. 100737 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
REGULAR SECOND APPEAL NO. 100666 OF 2023 (DEC/INJ)
C/W
REGULAR SECOND APPEAL NO. 100737 OF 2023
IN RSA NO. 100666 OF 2023
BETWEEN:
MOHAN RAMA NAIK SINCE DECEASED BY LRS
1. SHAKUNTALA W/O. MOHAN NAIK
AGE: 68 YEARS, HOUSEMAKER,
R/O. C-14, KAIGA TOWNSHIP, MALLAPUR.
2. SMT. ASHWINI W/O NARAYAN NAIK
AGE: 44 YEARS, PRIVATE SERVICE,
R/O. 194, HINDUWADA, MALLAPUR, KARWAR.
3. BALAKRISHNA S/O MOHAN NAIK
AGE: 39 YEARS, APPRENTICE,
R/O. C-14, KAIGA TOWNSHIP, MALLAPUR.
...APPELLANTS
(BY SRI SANTOSH B. MALLIGAWAD, ADVOCATE)
AND:
Digitally signed by
VISHAL NINGAPPA KASHINATH BHANDARI@ MANJREKAR
PATTIHAL
Location: HIGH
COURT OF
SINCE DEAD R/BY LEGAL HEIRS
KARNATAKA
DHARWAD BENCH
1. SMT. SULOCHANA W/O KASHINATH
BHANDARI @ MANJREKAR,
AGE: 75 YEARS, HOUSEHOLD,
R/O. GABITWADA, HARWADA, TQ. ANKOLA
2. ANIL S/O KASHINATH BHANDARI @ MANJREKAR
AGE: 63 YEARS, AGRICULTURIST,
GABITWADA, HARWADA, TQ. ANKOLA.
3. SMT. LAXMI@ NETRA D/O KASHINATH
BHANDARI @ MANJREKAR,
AGE: 54 YEARS, COOLIE,
R/O. GABITWADA, HARWADA, TQ. ANKOLA.
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NC: 2024:KHC-D:15269
RSA No. 100666 of 2023
C/W RSA No. 100737 of 2023
SMT. JANABAI W/O SADANAND JAMBALEKAR
SINCE DECEASED AND REP.BY LEGAL HEIR.
GURUNATH S/O SADANAND JAMBALEKAR
SINCE DIED REPRESENTED BY LEGAL HEIRS.
4. MEENAKSHI W/O GURUNATH JAMBALEKAR
AGE: 48 YEARS, OCC: HOUSEHOLD,
R/O. BANGARAPPANAGAR,
AT POST. SHIRWAD, KARWAR.
5. RAVINDRANATH S/O GURUNATH JAMBALEKAR
AGE: 27 YEARS, OCC: HOUSEHOLD,
R/O. BANGARAPPANAGAR,
AT POST. SHIRWAD, KARWAR.
6. KARTHIK S/O GURUNATH JAMBALEKAR
AGE: 23 YEARS, OCC: HOUSEHOLD,
R/O. BANGARAPPANAGAR,
AT POST. SHIRWAD, KARWAR.
7. MANJU S/O SADANAND JAMBALEKAR
AGE: 51 YEARS, R/O. BELAMBAR
KANASIGADDE, ANKOLA.
8. RAJU S/O SADANAND JAMBALEKAR
AGE: 52 YEARS, R/O.BELAMBAR,
KANASIGADDE, ANKOLA.
9. VINAYAK S/O SAANAND JAMBALEKAR
AGE: 45 YEARS, R/O. BELAMBAR
KANASIGADDE, ANKOLA.
...RESPONDENTS
(BY SMT. SHAILA BELLIKATTI, ADVOCATE FOR R2 AND R3;
SRI S.K.KAYAKAMATH, ADVOCATE FOR R4 TO R9;
R-1 DECEASED;
R2 AND R3 ARE LRES OF DECEASED R1)
THIS RSA IS FILED U/SEC. 100 OF CPC., PRAYING TO, SET
ASIDE THE JUDGMENT AND DECREE DATED 15.04.2023 PASSED BY
THE HONOURABLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE,
UTTARAKANNADA KARWAR IN COMMON JUDGMENT IN
R.A.NO.56/2008 AND SET ASIDE THE JUDGMENT AND DECREE
DATED 26.03.2008 PASSED BY THE CIVIL JUDGE (SR.DN.) KUMTA IN
COMMON JUDGMENT IN O.S.NO.05/2007 AND DECREE THE SUIT IN
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NC: 2024:KHC-D:15269
RSA No. 100666 of 2023
C/W RSA No. 100737 of 2023
O.S.NO.05/2007 BY DECLARING THAT APPELLANTS ARE OWNERS OF
THE SUIT PROPERTY.
IN RSA NO. 100737 OF 2023
BETWEEN:
MOHAN RAMA NAIK SINCE DECEASED BY LRS
1. SHAKUNTALA W/O. MOHAN NAIK
AGE: 68 YEARS, HOUSEMAKER,
R/O. C-14, KAIGA TOWNSHIP,
MALLAPUR.
2. SMT. ASHWINI W/O NARAYAN NAIK
AGE: 44 YEARS, PRIVATE SERVICE,
R/O. 194, HINDUWADA,
MALLAPUR, KARWAR.
3. BALAKRISHNA S/O MOHAN NAIK
AGE: 39 YEARS, APPRENTICE,
R/O. C-14, KAIGA TOWNSHIP,
MALLAPUR.
...APPELLANTS
(BY SRI SANTOSH B. MALLIGAWAD, ADVOCATE)
AND:
KASHINATH BHANDARI@ MANJREKAR
SINCE DEAD R/BY LEGAL HEIRS
1. SMT. SULOCHANA W/O KASHINATH
BHANDARI @ MANJREKAR,
AGE: 75 YEARS, HOUSEHOLD,
R/O. GABITWADA, HARWADA,TQ. ANKOLA
2. ANIL S/O KASHINATH BHANDARI @ MANJREKAR
AGE: 63 YEARS, AGRICULTURIST,
GABITWADA, HARWADA, TQ. ANKOLA.
3. SMT. LAXMI@ NETRA D/O KASHINATH
BHANDARI @ MANJREKAR,
AGE: 54 YEARS, COOLIE,
R/O. GABITWADA, HARWADA, TQ. ANKOLA.
SMT. JANABAI W/O SADANAND JAMBALEKAR
SINCE DECEASED AND REP.BY LEGAL HEIR.
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NC: 2024:KHC-D:15269
RSA No. 100666 of 2023
C/W RSA No. 100737 of 2023
GURUNATH S/O SADANAND JAMBALEKAR
SINCE DIED REPRESENTED BY LEGAL HEIRS.
4. MEENAKSHI W/O GURUNATH JAMBALEKAR
AGE: 48 YEARS, OCC: HOUSEHOLD,
R/O. BANGARAPPANAGAR,
AT POST. SHIRWAD, KARWAR.
5. RAVINDRANATH S/O GURUNATH JAMBALEKAR
AGE: 27 YEARS, OCC: HOUSEHOLD,
R/O. BANGARAPPANAGAR,
AT POST. SHIRWAD, KARWAR.
6. KARTHIK S/O GURUNATH JAMBALEKAR
AGE: 23 YEARS, OCC: HOUSEHOLD,
R/O. BANGARAPPANAGAR,
AT POST. SHIRWAD, KARWAR.
7. MANJU S/O SADANAND JAMBALEKAR
AGE: 51 YEARS, R/O. BELAMBAR
KANASIGADDE, ANKOLA.
8. RAJU S/O SADANAND JAMBALEKAR
AGE: 52 YEARS, R/O.BELAMBAR,
KANASIGADDE, ANKOLA.
9. VINAYAK S/O SAANAND JAMBALEKAR
AGE: 45 YEARS, R/O. BELAMBAR
KANASIGADDE, ANKOLA
10. SRAVISH PRABHAKAR RAIKAR,
AGE: 45 YEARS, OCC: SERVICE,
R/O KAKARMATH, ANKOLA.
...RESPONDENTS
THIS RSA IS FILED U/SEC. 100 OF CPC., PRAYING TO, SET
ASIDE THE JUDGMENT AND DECREE DATED 15.04.2023 PASSED BY
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE,
UTTARAKANNADA KARWAR IN COMMON JUDGMENT IN
R.A.NO.56/2008 AND SET ASIDE THE JUDGMENT AND DECREE
DATED 26.03.2008 PASSED BY THE CIVIL JUDGE (SR.DN.), KUMTA
IN COMMON JUDGMENT IN O.S.05/2007 AND DECREE THE SUIT IN
O.S.NO.5/2007 BY DECLARING THAT APPELLANTS ARE OWNERS OF
THE SUIT PROPERTY.
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NC: 2024:KHC-D:15269
RSA No. 100666 of 2023
C/W RSA No. 100737 of 2023
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORAL ORDER
Learned counsel for the appellants has filed a memo
for withdrawal duly signed by the appellant Nos.1 and 3
and appellant No.1 as the Power of Attorney Holder for
appellant No.2.
Memo for withdrawal reads as under:
"The undersigned counsel for the appellants
herein most humbly submit that the postal shars of
respondent No.1 has returned as decease. It is
submitted that the legal heirs of respondent No.1 are
already on record as respondents Nos.2 and 3. Hence
bringing legal heirs of respondent No.1 may kindly be
dispensed in the interests of justice and equity."
In view of the memo filed, the appeal is disposed of
as withdrawn.
Sd/-
(JUSTICE K.S.HEMALEKHA)
PJ
